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2026 DAILYLAW 28952 (PAT)

Jata Shankar Prasad Yadav v. The State of Bihar

CR. MISC./54722/2026 · 2026-08-13

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54722 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- MAHINDWARA District- Sitamarhi ====================================================== Jata Shankar Prasad Yadav S/o Late Janakdev Ray @ Late Janakdeo Rai Resident of Village- Batrauli, P.S.- Mahindwara, Dist.- Sitamarhi ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP For the informant : Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 (1), 61 (2), 249 (b), 238 and 3 (5) of the BNS and Section 27 of the Arms Act. 3. The case of the prosecution is that some unknown miscreant had shot husband of the informant and when she reached there, her husband was saying that Rakeshwa, Bholua, Rahulwa and Sureshwa has shot him. He was referred to SKMCH, Muzuffarpur where he was declared dead. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that in Patna High Court CR. MISC. No.54722 of 2026(2) dt.13-08-2026 2/2 this case petitioner has been made accused as he is the father of one of the co-accused Rakesh. It is further submitted that though there is name of this petitioner in the FIR but no overt act is attributed against him even the deceased has named only four persons i.e. Rakeshwa, Bholua, Rahulwa and Sureshwa Moreover, the petitioner is languishing in judicial custody since 18.05.2026 having two criminal antecedents. 5. Learned counsel for the informant has vehemently opposed the prayer of regular bail and submits that during the course of investigation, it has come that the meeting was held at the house of this petitioner by the accused persons. 6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahindwara P.S. Case No. 143 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sadar, Sitamarhi/ concerned Court. Jagdish/- (Ashok Kumar Pandey, J) U T